SET (LR) deferred

I've been a silent reader of this forum and many thanks to everyone who has been actively trying to help people like us.

I had my ILR premium appointment yesterday at Solihull. It was on 10 years long residency route but they held my paper telling me as follows:

1. During my self employment whatever I had submitted doesn't match up with the HMRC record.

They have made me sign and date a document which states things like - I do object to their claim and I confirm all my tax matters are up to date with HMRC.

I had an argument with the case worker who seemingly do not understand the tax matters very well but insists that she is right.

Things she said was:

1. The year you submitted your tax return to Home office for your visa extension - is when we expect to see your tax up to date with HMRC

My argument was: it would never match for the same year if you are looking for the payment with HMRC as we are allowed to submit our tax return a few months after the tax year has ended and subsequently can pay the bill. So, for example my tax year was 09-10 and 10-11 (as I submitted my home office paper in June) it fell in the middle of two tax years. Therefore, I had submitted two tax returns to HMRC 09-10 and 10-11 and cleared all my payments in 2012.

2. She said she understand what HMRC says to its client is correct, which is that they allow the business owners to pay Tax at a later date but she again insists Home office must see a matching record.

My argument was: They can't dictate to change the tax year as this is defined by HMRC. It's as if HMRC is dictating Home office who to give visa and how to conduct their business. Secondly, I said - in one hand you are saying you are relying on HMRC data to verify my tax statement and at the same time you are refusing to accept what HMRC deem as perfectly legitimate and valid (i.e pay at a later date).

After a long discussion I had submitted my tax payment receipt with HMRC reference number, all the relevant documents (such as invoice, bank statement etc during my self employment period).

She said she will verify them and may take from 2 days to 2 weeks no one knows.

Meanwhile, I am about to order my SA302 form from hmrc. If anybody has any suggestions what I should be preparing for and any insights what could go wrong here?

Interesting. I'm still not sure what part of the rules allow them to refuse on tax alone. Are they trying to assert deception?
Maybe this is why they forced you to sign something - that way if anything is even slightly wrong they can use it against you.

Obviously double check your tax returns. Withdraw and fix anything wrong, no matter how small.

They will verify with hmrc even your total income falls under two tax years if that figure match with home office then u r safe

Well, clearly the point of having that document signed and dated was to use against me if they find slightest opportunity to do so. I was very careful and read each word of it and made them edit the page 3 times before I was happy and signed. One of the thing she wrote was: "Your accountant does everything for you" and I immediately corrected that to say: "My accountant deals with my accounts and tax returns and as a business owner I am fully aware of all business activities that took place" . There was another note which says that I am okay without a representative - I made sure she didn't mean legal representative and that she is not offering me an option here whether to take one or not. She explained by saying that she meant immigration representative (if you have one who is accompany you for that day).

I've matched all my earnings and tax submission and they all match up. I've called HMRC to order the SA302 they should be on their way soon and hopefully it will give me some strong evidence to fight should things go a bit bitter.

They can't refuse visa on tax matters but you are right, they are probably trying to prove I may not be of good character as not paying tax is now deemed to be a criminal offence.

Can I ask what month/year was your last Tier 1 renewal?

I applied in June 12 and got approved in Oct, 12 I think. Why?

People are trying to figure out how far back can UKV&I / HMRC can dig to check for tax discrepancies / irregularities.

Oh they are not after my extension they are after my first application which was in June 2010. So, they are checking my tax year 09-10 and 10-11

Hi Crazy topu is there any chances we can contact each other. I have my ILR on 10 year basis in November. And I would like to discuss with you if possible. My email is [Moderator Edit: Do not post personal contact information]

sushdmehta wrote:People are trying to figure out how far back can UKV&I / HMRC can dig to check for tax discrepancies / irregularities.

Well, also when did they start these stronger checks.
If someone last renewed Tier 1 in December last year, or March this year, maybe they were also subject to them.

(I wonder if this info would be in a SAR?)

Hi
What documents u submitted with ur application. Any update on ur case

Just usual documents that you need to submit with long residency ILR. but later during the interview I gave them 1. all the invoices 2. bank statements covering sole trading period 3. Email proof that I paid the tax with hmrc reference number. That's it.

No no update yet.

were u salaried or self employed when u applied for ur ILR?

Salaried

So u did not attach any tax related documents or any returns with your application. Just application form, liuk, degree, passport etc. nothing relating to ur sole trading period. Thats very unusual. But u dont have to worry u will get ur ilr this week for sure. I m still very surprised y they calles u for interview.

crazytopu wrote:Salaried

also, had you applied for your tier 1 extension visas by post or at PEO? I guess if you applied for your Tier 1 extension visas at PEO, the HO should have asked u about the tax related to the initial application when u attended the PEO to get your visa extended. This is my guess..

@khalidkhan, yes that's correct just the required documents no additional doc.

But I carried all sole trading doc with me just in case. Just received my SA302 form and it confirms all the figures.

How can you be so sure I will get ILR this week?

@tungha1979, no I sent it by Post.

Sorry just to clear u did not post ur application, u went to peo right. Also, what about ur tier 1 extension were u sole trader.

I said u will get visa soon because u dont have any tax issues.

Also its not tier 1 to ilr, urs is 10 year long residency right

Yeah went to PEO and it's on 10 years route yes correct. Extension was based on salaried employment and dividends.

Hi everyone

Could anyone one please let me know how hmrc record PAYE AND NI for an employee. Is it recorded on a monthly or yearly basis? how do they recorded it in the SAR?

thanks

I think yearly basis.

Any update on ur case

No khalidkhan no update i will keep you posted. Are you also waiting for your case?